How Will Courts Interpret the Tennessee Attorney Client Agreement?
Written by Ed Wallis
CALL: 901-527-2125 | EMAIL: E-mail Ed Wallis

It is well-settled law in Tennessee that property held as tenants by the entirety is not included in a decedent’s estate ―because property held as tenants by the entirety passes outside of probate and is not subject to disposition in a decedent‘s will.  This is a principle cited, for example, by the Tennessee Court of Appeals in In re Estate of Grass, No. M2005-00641-COA-R3-CV, 2008 WL 2343068, at *28 (Tenn. Ct. App. June 4, 2008).  The Tennessee Supreme Court in Grahl v. Davis, 971 S.W.2d 373, 378 (Tenn. 1998), agreed, noting that “[u]pon the death of one spouse, ownership of tenancy by the entirety property immediately vests in the survivor, and the laws of descent and distribution do not apply.”  The court continued that “[t]he essential characteristic of a tenancy by the entirety is that each spouse is seized of the whole or the entirety and not of a share, moiety, or divisible part.”

Another Tennessee Court, In re Estate of Ladd, 247 S.W.3d 628, 644 (Tenn. Ct. App. 2007), noted that “[t]he right of survivorship attains further significance to the matter at issue because personal property held by a husband and wife does not become part of the probate estate for purposes
of administration. Assets subject to the right of survivorship, such as the bond at issue, pass to the surviving spouse by operation of law and do not become part of the probate assets in the hands of the personal representative of the deceased spouse.”

In Tennessee, property acquired during marriage enjoys a presumption that it is held as tenants by the entirety.  This rule of law was confirmed by the Tennessee Court of Appeals in Smith v. Sovran Bank Cent. S., 792 S.W.2d 928, 930 (Tenn. Ct. App. 1990), which noted “the presumption of the creation of a tenancy by the entirety can be rebutted only when a contrary intention is expressed in the instrument itself, as opposed to extrinsic evidence.”

The Glassman, Wyatt, Tuttle & Cox, PC team of lawyers have experience in will, trust and conservator disputes.  While the Firm does not handle probate, trust, and will preparation, we are here to help when litigation is required.  Please contact us for help by calling (901) 527-2125 or complete this form:

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